CIV MCQS AND ANSWERS 2025 BY LLB WITH MUNYAI
QUESTION 1
Indicate the most accurate statement:
(1) When a claim for damages is instituted, the plaintiff must prove the guilt of the defendant.
(2) In civil proceedings, the parties comprise the complainant and the defendant.
(3) In civil proceedings, judgment will be granted in favour of the plaintiff if the defence raised
by the defendant is less probable than the claim proved by the plaintiff.
(4) As in the case of a superior court, a magistrates’ court has a discretion regarding its own
procedure.
QUESTION 2
Indicate the most accurate statement:
(1) The South African High Courts are creatures of statute because they are subject to the
provisions of the Superior Courts Act, 2013.
(2) The Uniform Rules of Court are a common set of rules that uniformly regulate the conduct
of the proceedings in the magistrates’ courts.
(3) Since the rules exist for the courts, a High Court may condone a litigant’s non-compliance
with the rules.
(4) The Minister of Justice and the Rules Board may make rules relating to the manner in which
the Constitutional Court may be engaged.
,QUESTION 3
Indicate the most accurate statement.
(1) The only factor which determines whether proceedings may be instituted by way of
application proceedings or by way of summons proceedings, is whether a material dispute
of fact exists between the parties.
(2) The three sets of affidavits which are usually exchanged between the parties in application
proceedings are the supporting affidavit, the answering affidavit and the replication.
(3) A power of attorney usually seeks to define the extent of an attorney’s mandate.
(4) Urgent applications are used when the relief sought is a preliminary step in the proceedings.
QUESTION 4
Indicate the most accurate statement:
(1) X avers in the particulars of claim that breach of contract occurred on 1 March 2017, instead
of on 1 March 2011. Y notices the error and applies for the amendment of the particulars of
claim.
(2) Y delivers a plea on the merits because she wishes to give notice that she intends defending
the action.
(3) X is of the opinion that Y does not have a bona fide defence and that she has entered an
appearance simply to delay the action. Consequently, X applies for summary judgment.
(4) X is of the opinion that Y’s plea on the merits does not sustain a defence, and therefore he
objects to Y’s plea by raising an exception.
QUESTION 5
Indicate the most accurate statement:
(1) Although the general rule is that evidence must be given viva voce and in open court, the
court may, for sufficient reasons, order that evidence be given on affidavit.
(2) A notice of intention to defend is the first of the pleadings that are exchanged between
litigating parties.
(3) Passengers of a minibus suffer damage in that their personal possessions are either
damaged or destroyed in a collision. Because actions for damages tend to be of a protracted
nature and most passengers involved suffer financial hardship while the action drags on,
the passengers may, in terms of Uniform Rule 34A, apply to court for interim payment.
(4) If a plaintiff issues two summonses against the same defendant on the same cause of action
in two different courts, the defendant may approach the court to have the more recent
summons struck out on the ground that such summons is vexatious.
, CIV3701/101/3/2021
QUESTION 6
Indicate the most accurate statement:
A submission to the jurisdiction of a High Court occurs when—
(1) both parties to the action are foreign peregrini and the cause of action has occurred outside
the court’s area of jurisdiction.
(2) both parties to the action are incolae of the court concerned.
(3) the plaintiff is an incola of the court concerned and the defendant is an incola of another
South African Court; the cause of action has occurred outside the court’s area of jurisdiction.
(4) the plaintiff is a local peregrinus and the defendant is a foreign peregrinus and the cause of
action has occurred within the court’s area of jurisdiction.
QUESTION 6
Indicate the most accurate statement:
(1) An offer to settle in terms of Uniform Rule 34 may be used in both summons and application
proceedings.
(2) In the magistrates’ court, a power of attorney must be filed with the registrar or clerk of the
court as proof of mandate before a summons may be issued.
(3) In reply to a defendant’s counterclaim, a defendant in reconvention may file a replication in
reconvention.
(4) A party wishing to demand security for costs from his or her opponent in the magistrates’
court may approach the clerk of the court or the registrar for an order directing the party to
furnish such security.
QUESTION 7
Indicate the most accurate statement:
X has a claim against B for damages in the amount of R220 000. However, X owes B R30 000
for goods which B has sold and delivered to him.
(1) If X deducts R30 000 from his claim in terms of section 39 of the Magistrates’ Courts Act 32
of 1944, and thereupon succeeds in proving that B is liable for R190 000, the court will award
R190 000 as damages.
(2) If X abandons R30 000 from his claim in terms of section 38 of the Magistrates’ Courts Act
32 of 1944, and thereupon succeeds in proving that B is liable for R190 000, the court will
award R190 000 as damages.
(3) If X does not rely on section 38 or 39 of the Magistrates’ Courts Act 32 of 1944, there is no
other way in which he will be able to bring this action within the jurisdiction of the district
magistrates’ courts.
(4) X is entitled to claim R200 000 from B and may thereafter institutes an action for the balance
of this claim, namely R30 000.
QUESTION 1
Indicate the most accurate statement:
(1) When a claim for damages is instituted, the plaintiff must prove the guilt of the defendant.
(2) In civil proceedings, the parties comprise the complainant and the defendant.
(3) In civil proceedings, judgment will be granted in favour of the plaintiff if the defence raised
by the defendant is less probable than the claim proved by the plaintiff.
(4) As in the case of a superior court, a magistrates’ court has a discretion regarding its own
procedure.
QUESTION 2
Indicate the most accurate statement:
(1) The South African High Courts are creatures of statute because they are subject to the
provisions of the Superior Courts Act, 2013.
(2) The Uniform Rules of Court are a common set of rules that uniformly regulate the conduct
of the proceedings in the magistrates’ courts.
(3) Since the rules exist for the courts, a High Court may condone a litigant’s non-compliance
with the rules.
(4) The Minister of Justice and the Rules Board may make rules relating to the manner in which
the Constitutional Court may be engaged.
,QUESTION 3
Indicate the most accurate statement.
(1) The only factor which determines whether proceedings may be instituted by way of
application proceedings or by way of summons proceedings, is whether a material dispute
of fact exists between the parties.
(2) The three sets of affidavits which are usually exchanged between the parties in application
proceedings are the supporting affidavit, the answering affidavit and the replication.
(3) A power of attorney usually seeks to define the extent of an attorney’s mandate.
(4) Urgent applications are used when the relief sought is a preliminary step in the proceedings.
QUESTION 4
Indicate the most accurate statement:
(1) X avers in the particulars of claim that breach of contract occurred on 1 March 2017, instead
of on 1 March 2011. Y notices the error and applies for the amendment of the particulars of
claim.
(2) Y delivers a plea on the merits because she wishes to give notice that she intends defending
the action.
(3) X is of the opinion that Y does not have a bona fide defence and that she has entered an
appearance simply to delay the action. Consequently, X applies for summary judgment.
(4) X is of the opinion that Y’s plea on the merits does not sustain a defence, and therefore he
objects to Y’s plea by raising an exception.
QUESTION 5
Indicate the most accurate statement:
(1) Although the general rule is that evidence must be given viva voce and in open court, the
court may, for sufficient reasons, order that evidence be given on affidavit.
(2) A notice of intention to defend is the first of the pleadings that are exchanged between
litigating parties.
(3) Passengers of a minibus suffer damage in that their personal possessions are either
damaged or destroyed in a collision. Because actions for damages tend to be of a protracted
nature and most passengers involved suffer financial hardship while the action drags on,
the passengers may, in terms of Uniform Rule 34A, apply to court for interim payment.
(4) If a plaintiff issues two summonses against the same defendant on the same cause of action
in two different courts, the defendant may approach the court to have the more recent
summons struck out on the ground that such summons is vexatious.
, CIV3701/101/3/2021
QUESTION 6
Indicate the most accurate statement:
A submission to the jurisdiction of a High Court occurs when—
(1) both parties to the action are foreign peregrini and the cause of action has occurred outside
the court’s area of jurisdiction.
(2) both parties to the action are incolae of the court concerned.
(3) the plaintiff is an incola of the court concerned and the defendant is an incola of another
South African Court; the cause of action has occurred outside the court’s area of jurisdiction.
(4) the plaintiff is a local peregrinus and the defendant is a foreign peregrinus and the cause of
action has occurred within the court’s area of jurisdiction.
QUESTION 6
Indicate the most accurate statement:
(1) An offer to settle in terms of Uniform Rule 34 may be used in both summons and application
proceedings.
(2) In the magistrates’ court, a power of attorney must be filed with the registrar or clerk of the
court as proof of mandate before a summons may be issued.
(3) In reply to a defendant’s counterclaim, a defendant in reconvention may file a replication in
reconvention.
(4) A party wishing to demand security for costs from his or her opponent in the magistrates’
court may approach the clerk of the court or the registrar for an order directing the party to
furnish such security.
QUESTION 7
Indicate the most accurate statement:
X has a claim against B for damages in the amount of R220 000. However, X owes B R30 000
for goods which B has sold and delivered to him.
(1) If X deducts R30 000 from his claim in terms of section 39 of the Magistrates’ Courts Act 32
of 1944, and thereupon succeeds in proving that B is liable for R190 000, the court will award
R190 000 as damages.
(2) If X abandons R30 000 from his claim in terms of section 38 of the Magistrates’ Courts Act
32 of 1944, and thereupon succeeds in proving that B is liable for R190 000, the court will
award R190 000 as damages.
(3) If X does not rely on section 38 or 39 of the Magistrates’ Courts Act 32 of 1944, there is no
other way in which he will be able to bring this action within the jurisdiction of the district
magistrates’ courts.
(4) X is entitled to claim R200 000 from B and may thereafter institutes an action for the balance
of this claim, namely R30 000.
